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ORDINANCE NO.09-20
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 54.OFFENSES. ARTICLE I. IN GENERAL.
TO CREATE AN ENTIRELY NEW SECTION 54-7 ENTITLED
"BALLOONS AND SKY LANTERNS" PROVIDING DEFINITIONS,
.PROHIBITION, EXCEPTIONS, ENFORCEMENT, AND PENALTIES FOR
THE RELEASE OF BALLOONS AND SKY LANTERNS WITHIN THE
VILLAGE; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF CHAPTER 54. OFFENSES. SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Village of Tequesta Environmental Committee has researched the issue
of balloon and sky lantern releases into the atmosphere and has identified a variety of negative
environmental corxsq.quences associated with this activity, especially related to wildlife and marine
animals and their hatitats; qnd
WHEREAS, such wildlife and marine animals, including sea turtles, are known to ingest
the debris from fallen balloons and sky lanterns, which can damage their digestive systems and in
the worst -case cause death by starvation; and
WHEREAS, Florida's East Coast is home to some of the most densely utilized sea turtle
nesting beaches in the country; and
WHEREAS, even biodegradable balloons do not degrade quickly enough to avoid
ingestion by wildlife and marine animals; and
WHEREAS, the Village Council has been advised of the Environmental Committee's
findings, and as a result desires to act to prohibit the general release of balloons and sky lanterns
into the atmosphere within the Village of Tequesta; and
WHEREAS, the Village Council finds that the adoption of these regulations is in the best
interests of the Vill ge of Tequesta, and will generally promote the public health, safety, and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
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Section 1: Chapter 54. Offenses. of the Code of Ordinances of the Village of Tequesta is
hereby amended at Article I. In General. to create an entirely new section 54-7 entitled "Balloons
and Sky Lanterns" providing definitions, prohibition, exceptions, enforcement, and penalties for
the release of balloons and sky lanterns within the Village; providing that Sec. 54-7 shall hereafter
read as follows: f
Sec. 54-7. — Balti . ". 6 �rd Sky Lanterns.
La De rnitions. For the pu_ ose of this section the following words terms and phrases shall have
the meanings ascribed herein except where the context clearly indicates a different meaning
J. Atmosphere means the troposphere stratosphere and other lavers of air and gas that
envelope the Earth
2. Floating baltnon means a balloon of any type inflated with a gas that is lighter than air.
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Floating loons do not use flare for any, ,,,,, ose
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Skv- lantern means a device that requires a flame which produces heated air trapped in a
balloon-fypE covering allowing the device to float -in -the air. Sky lanterns shall not include
hot air balloons used for transporting persons
(b Prohibition. It is unlawful to release an atin balloon or any sky lantern into the atmos here
within the jurisdictional limits of the Village of Teauesta
Uc. Exceptions The Mlaibition contained in this section excludes the following activities
1. Release of floating balloons indoors;
2. Release of sky lanterns indoors nr
3. Release of floating balloons. sky lanterns or other devices by a governmental or scientific
a ency for meteorological or other bona fide scientific or governmental puroo s es
Ld Enforcement Ond. penalties The Village of Teauesta may enforce this section by means of its
code enforcement special magistrate. through judicial proceedings that seek declaratory or
injunctive relief or monetary damages or by any other means available through law or eauity
Any person found to have violated the rohibition contained in this section shall be subject to
penalties in accordance with Village of Teauesta Code section 1 14 as well as any other penalty
or relief available through law or eauity.
Secs. 54--$ -4-7 .— 54-25. - Reserved.
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Section 2: Each and every other section and subsection of Chapter 54. Offenses. shall
remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same. are hereby
repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof, an
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paragraph, sentence. or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon adoption.
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ORDINANCE
Date
09-20
01-14-2021
Upon Second Reading
Motion Council -Member Frank D'Ambra Second Council Member Laurie Brandon
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FOR AGAINST ABSENT CONFLICT
Mayor Abigail Brennan ®x n 0
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Vice -Mayor Kyle Stone ®x
Council Member Laurie Brandon nxx 0
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Council Member Frank D'Ambra n 0 n
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Council Member Bruce Prince ®x
The"•Wyor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
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Abig it rennan
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INCORPOee
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ATTEST: "
Lon McWilliams, MMC
Village Clerk